Patrick Donovan is a Massachusetts Criminal Lawyer who has helped many people fight Larceny charges including Larceny By Embezzlement charges. If you have been charged with Larceny By Embezzlement call today for a free consultation.
What is Larceny By Embezzlement In Massachusetts?
Massachusetts General Laws Chapter 266, Section 30 governs the theft crime of Larceny by Embezzlement. Embezzlement differs from regular larceny in that it is committed by a person in a position of trust with regards to the property. In order to successfully prove a charge of larceny by embezzlement against you, the Commonwealth would have to prove that:
1. You were entrusted with the property of another person or entity;
2. You took, hid, or converted that property without the owner’s consent; and
3. You had the intent to permanently deprive the owner of that property. It is not a defense to say that you intended to pay the owner back for the property you converted, or that you did not even benefit from the conversion of the property.
So long as you adversely held or used the other person’s property. So long as you had some rightful form of access to the other person’ property, and used that position of confidence to take some of all of that property without the owner’s consent you can be convicted of larceny by embezzlement.
What are the Penalties for Larceny by Embezzlement?
If the value of the property alleged to have been embezzled is greater than $250, it is a felony punishable by 5 years in a state prison and/or a fine of up to $25,000. If the amount in question is $250 or under however, this is a misdemeanor punishable by up to one year in jail and/or a fine of up to $300. If you have been charged with larceny by embezzlement, contact an experienced criminal defense attorney right away to go over your option and potential defenses.
Larceny By Embezzlement Attorney
Attorney Patrick Donovan is a Massachusetts criminal lawyer who has represented many people charged with all types of theft crimes including larceny by embezzlement. Attorney Donovan practices criminal law in Massachusetts and has experience in over fifty courts. If you or someone you know has been charged with a theft crime contact Attorney Patrick Donovan today for a free consultation.
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